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JUDGMENT ENFORCEMENT

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rexboy View Drop Down
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  Quote rexboy Quote  Post ReplyReply Direct Link To This Post Topic: JUDGMENT ENFORCEMENT
    Posted: 08/June/2012 at 17:04
Hi all, Just recieved a letter from credit corp re JUDGMENT ENFORCEMENT the state commonwealth bank obtained a judgment against me in 2003. After viewing my veda file today i note it is not listed anywhere that a judgment is on my file. Shold i reply to this letter or just throw it out.

 

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  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 08/June/2012 at 18:08
The judgment if it exists extends the period of claim to 12 years in total i believe. However they have only 6 years to act on it or it expires. I could be wrong with these time periods but there are limitations. Others may know for sure, but do your own official checks anyway.

It does not have to be on your VEDA file.

Don't reply to the letter at this stage. Do a search through the court system and see if the judgment exists.
Always seek further advice

 

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StandTall View Drop Down
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  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 08/June/2012 at 18:41
The judgment probably does exist as it is very serious to state this if untrue. If confirmed untrue, report them!

However if confirmed, check to see if it has expired.
Always seek further advice

 

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  Quote rexboy Quote  Post ReplyReply Direct Link To This Post Posted: 08/June/2012 at 19:54
i have read on the asic site that judgment last for a period of 12yrs from first listing? Anyone know how to search a court system for original listing ??

 

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  Quote rexboy Quote  Post ReplyReply Direct Link To This Post Posted: 12/June/2012 at 22:00
if a judgment was made against me is 2003 from commonwealth bank why isnt it listed on my veda file as a judgment ? there is no listing for this debt.

 

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StandTall View Drop Down
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  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 12:12
A judgment does not have to be on your veda file!
Always seek further advice

 

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  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 22:03
A judgment remains enforceable for 12 years from the date of judgment. Enforceability does not depend on whether it is listed on your credit file or not.

Were you personally served with the claim that became a judgment debt?

 

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  Quote rexboy Quote  Post ReplyReply Direct Link To This Post Posted: 14/June/2012 at 09:12
NO i havnet been personally handed any paperwork.

 

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NotGuilty View Drop Down
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  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 14/June/2012 at 10:45
If you were never served or made aware of the commencement of proceedings that led to the judgment, then you may be able to have the judgment set aside. Chances are slim given the passage of time as well as other things but it might be worth a try.

 

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DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

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rexboy View Drop Down
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  Quote rexboy Quote  Post ReplyReply Direct Link To This Post Posted: 15/June/2012 at 23:50
i found a letter from credit corp re the same debt from 2011 and it doesnt say anything about the judgment being made in that letter just says hey aquired it from baycorp, its only now that i get a letter from credit corp saying judgment enforcment from 2003 lol

 

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Pre/Post Nuptial Agreements, fully certified & enforceable - $1,350

De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

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